The Most Hilarious Complaints We ve Seen About Veterans Disability Claim

veterans disability attorney Disability Litigation

A lawyer can help a veteran to submit an initial claim for disability or contest an VA decision. However, current law prohibits lawyers from charging fees for assistance with an initial claim.

Monk claims that the VA denied his claim to benefits based on PTSD and an unfavorable discharge. The VA has a lengthy appeals process for rectifying any decisions that are not in the best interest of the public.

What is a VA Disability Claim (VAD)?

A VA disability claim is an application for monthly benefits that are tax-free. Compensation is an income-based benefit that can be used to pay for medical care or housing assistance. Dependency and Indemnity Compensation offers a monetary payment to spouses, parents and children of Service members who have died while on active duty or because of disabilities related to service.

Tinnitus is by far the most common disability. This symptom occurs when you hear hissing, ringing, buzzing or other sounds in either or both ears. It is only heard by you, as opposed to those who have it.

Sciatica is one of the most frequently encountered conditions. Sciatica can occur when a herniated disc bone spur can compress your sciatic nerve. The sciatic nerve is located in the lower part of your spine through your buttocks, hips and down your legs. The lower and buttocks may be affected by pain and lawsuit numbness.

The easiest condition to qualify for lawsuit is Post Traumatic Stress Disorder (PTSD). You may experience recurring nightmares or extreme anxiety or depression, or a recurring thought of an incident that took place during your military service. A convincing defense of the claim with a stressor that occurred during your service may help you get the PTSD rating you deserve. A traumatic head injury is the fourth most common condition to get a rating for, and it usually comes with an PTSD diagnosis.

How do I file a VA Disability Claim?

There are many procedures to follow to start an application. You must first provide medical evidence, such as the opinion of a doctor and lab results as well as X-rays to prove that your condition is in line with VA's definition of disability. It is a good idea for a lawyer to collect this medical evidence and submit it with your initial application, so that the VA will be able to process it more easily.

Then, you'll have to take another Compensation and Pension (C&P) test. A federal VA rater will take the exam. They will look at your physical and emotional symptoms to determine if you qualify for disability benefits. You must have all the necessary documentation to increase your chances of receiving benefits.

Once the C&P examiner has assessed the medical evidence you submitted and has completed the examination, you will receive a decision letter. This letter will contain an introduction, the decision of your impairment and the amount of disability, a listing and a the description of all medical evidence that was reviewed and the reasons for their decision.

Our firm is able to assist in the appeals process if your claim was denied or you have received a rating that does not adequately compensate you for the issues you are experiencing. We can assist you in appealing the denial of your claim through the preparation of a comprehensive appeal.

How can I contest a VA decision?

VA offers three options to those who are dissatisfied with the decision. The first is a Higher-Level Review where a senior reviewer will scrutinize the same evidence again and determine if the original decision could be modified in light of a disagreement or an error that was made. This is a viable option for a claimant who has no new evidence to submit and it can be completed within 125 days.

The second option is to submit a Supplemental Claim. This is an appeal process where an individual with a disability can submit new evidence, however it must be to be relevant and new. It can also include non-medical evidence such as lay statements (sworn statements of people who are aware of how your disability affects you). This type of appeal must be made within a year of a decision.

Thirdly, you can file a formal complaint with the Board of Veterans Appeals. This requires filing a notice of Disagreement using VA Form 21-0958. The regional office will prepare an SOC (Statement of the case) when the appeal has been filed. This will contain a list of evidence taken into account, the regulations and laws used to arrive at the decision and the reasons for why the decision was favourable, unfavorable or indeterminate.

The last option is to appeal to a federal court in the event that the decision from the BVA is confirmed. This is the most difficult and expensive path, but it may be the only way to obtain a fair decision for your client.

What is the cost a lawyer will charge for an appeal?

A seasoned disability attorney brings clarity to the appeals process. They'll quickly identify what is lacking from your claim to make it eligible for review and assist you in deciding the best way to appeal a decision. The job involves analyzing the reasons for the denial, helping you to develop medical evidence to prove your case, and presenting the evidence in a professional manner.

If an order from a court requires that disabled veterans pay child maintenance or alimony and child maintenance, the veteran cannot evade the order and continue receive VA compensation benefits. This is a well-recognized law and there are consequences for breaking the order of a judge.

A recent settlement of a class action lawsuit may be a major victory for veterans suffering from PTSD. Medical News Today reports that the settlement will provide lifetime benefits for thousands of veterans disability lawyers previously denied disability benefits.

Jim is a 58-year old veteran who suffered a stroke that left him permanently disabled. He is a pensioner from the VA as well as SSI and Medicaid payments. Jim wants to know how his expected $100,000 settlement will affect his ability to claim these benefits. Jim realizes that he needs to show that he has financial need to continue receiving the monthly Pension payment but wonders what can be done to minimize the effect on his other sources of income.